1 Ohio Law. Abs. 752 | Ohio Ct. App. | 1923
Epitomized Opinion
Stockholders of Tire & Belt Co. had a receiveJ appointed for it, in Summit Common Pleas. SomJ creditors filed cross petitions, but most of the credl itors, including Bibb Mfg. Co., filed claims witlf master commissioner who was appointed to pass oi| claim's. Master commissioner allowed Bibb clair
1. It was not necessary for Bibb Co. to file any leading to have its claim allowed. Neither plead-ig or process were had by Bibb Co. against Tire Belt Co. The authorities are uniform that a case ot pleaded is no case at all. Where a personal ldgment is sought, it should be demanded by a leading showing the grounds therefor. 31 O.S. 80; 5 OS. 290.
2. While the Common Pleas, in making its finding favor of Bibb Co., used the language that is ordi-irily used in the rendition of a personal judgment, íat language is limited by the nature of the case id by the lack of pleadings and process.